In the Interest of D.E., Minor Child ( 2019 )


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  •                    IN THE COURT OF APPEALS OF IOWA
    No. 18-1617
    Filed February 20, 2019
    IN THE INTEREST OF D.E.,
    Minor Child,
    M.E., Mother,
    Appellant.
    ________________________________________________________________
    Appeal from the Iowa District Court for Pottawattamie County, Craig M.
    Dreismeier, District Associate Judge.
    A mother appeals the termination of her parental rights. AFFIRMED.
    J. Joseph Narmi, Council Bluffs, for appellant mother.
    Thomas J. Miller, Attorney General, and John McCormally (until withdrawal)
    and Anagha Dixit, Assistant Attorneys General, for appellee State.
    Roberta J. Megel, Council Bluffs, guardian ad litem for minor child.
    Considered by Doyle, P.J., and Mullins and McDonald, JJ.
    2
    DOYLE, Presiding Judge.
    The mother appeals the termination of her parental rights to her child D.E.,
    born in May 2017.1 She argues the State did not establish termination was
    appropriate under Iowa Code section 232.116 (2018). She also asserts she was
    not provided reasonable services for reunification. We affirm.
    I. Statutory Framework and Standard of Review.
    Parental rights may be terminated under Iowa Code chapter 232 if the
    following three conditions are true: (1) a “ground for termination under section
    232.116(1) has been established” by clear and convincing evidence, (2) “the best-
    interest framework as laid out in section 232.116(2) supports the termination of
    parental rights,” and (3) none of the “exceptions in section 232.116(3) apply to
    preclude termination of parental rights.” In re A.S., 
    906 N.W.2d 467
    , 472-73 (Iowa
    2018). Our review is de novo, which means we give the juvenile court’s findings
    of fact weight, especially the court’s credibility assessments, but we are not bound
    by those findings. See M.D. v. K.A., 
    921 N.W.2d 229
    , 232 (Iowa 2018). “For
    evidence to be ‘clear and convincing,’ it is merely necessary that there be no
    serious or substantial doubt about the correctness of the conclusion drawn from
    it.” Raim v. Stancel, 
    339 N.W.2d 621
    , 624 (Iowa Ct. App. 1983); see also In re
    M.W., 
    876 N.W.2d 212
    , 219 (Iowa 2016).
    II. Background Facts and Proceedings.
    D.E. came to the attention of the Iowa Department of Human Services
    (DHS) shortly after the child’s birth. It was reported:
    1
    The father’s parental rights were also terminated. He is not a party to this appeal.
    3
    The hospital has held the baby a couple of extra days to provide the
    mother with some supervision and additional education in dealing
    with new born care and feeding issues. The mother has some
    mental health issues of her own and also is in an on again off again
    relationship with the child’s alleged father . . . . He tried to run over
    the mother 2 weeks before the child’s birth and also said he was
    going to kill the child when . . . it was born. The mother continues to
    have contact with him. She is living with her parents and her sister
    and both the grandmother and the sister have mental health issues
    so there is concern regarding the stability of the environment this
    child is in.
    The child was subsequently removed from the mother’s care and placed in foster
    care, where he has since remained. In July 2017, the child was adjudicated a child
    in need of assistance (CINA).
    After the child was removed from the mother’s care, the DHS offered
    numerous services to the mother. Family Safety, Risk, and Permanency services
    were specifically set up in early June 2017, but the mother was “not receptive to
    services.” Supervised visitation was provided due to safety concerns, and the
    mother’s June 28, 2017 visit
    had to be ended early due to [the mother] creating an unsafe
    situation for [the child,] as she was yelling and ranting about DHS
    involvement . . . . [She] was encouraged to calm down and [told] if
    she could not the visit would end early. [The mother] could not calm
    down.
    Classes concerning parenting and domestic violence were offered to the mother.
    Due to mental-health concerns, the mother was directed to obtain a
    psychiatric evaluation and follow through with any resulting recommendations.
    The mother received an evaluation in July 2017, and the psychologist opined the
    mother had “Bipolar I Disorder, manic, severe with psychotic features.”            The
    mother reported to the psychologist “a significant history of growing up in a chaotic
    family environment that is positive for frequent yelling, verbal outbursts, and
    4
    frequent physical altercations . . . .”   The mother also described “a significant
    history of physical abuse by [the child’s father]. . . . She stated that her early labor
    resulted from complications due to [the father] kicking and punching her.” Based
    upon the mother’s history and the diagnoses, the psychologist strongly
    recommended the mother participate in individual therapy and follow up with her
    medication provider to help manage her mood symptoms.
    Following a CINA review modification hearing on November 6, 2017, the
    juvenile court entered an order continuing the CINA adjudication and services for
    the family. The DHS caseworker advised the court
    very little has changed for the family. The drama and fighting
    amongst [the mother and father] as well as family members has not
    stopped and is weekly. [The mother] has reported on a couple of
    occasions that [the father] has physically hurt her. [The mother]
    reports that he has threatened her and said that if she tells anyone
    about what he does to her, he will kill her. . . .
    [The mother] was arrested on October 2, 2017, for disturbing
    the peace. She had court on October 4, 2017. On October 6, 2017,
    [the mother] filed a restraining/no contact order against [the father].
    She dropped the no contact order when they went to court for the no
    contact order.
    The mother also reported continuing issues between her and her family.
    Though services continued to be offered, and the mother generally
    participated in the services, little changed over the course of the case concerning
    the violent relationships between the mother and the father and the mother and
    her family. The juvenile court advised the mother that if she consistently and
    appropriately participated in the services, as well as refrained from fighting with
    family and the father, the child might be able to be placed in her care.
    Nevertheless, the fighting continued. The State filed its petition for termination of
    parental rights in July 2018.
    5
    A termination-of-parental-rights hearing was held in August 2018.
    Following the hearing, the juvenile court entered its order terminating the mother’s
    parental rights. The mother now appeals.
    III. Discussion.
    The mother contends the State failed to prove the grounds for termination,
    termination of her parental rights was not in the child’s best interests, an exception
    to termination under section 232.116(3) should be applied to prevent termination
    of her parental rights, and she was not provided reasonable services for
    reunification. We begin with the latter argument.
    A. Reasonable Efforts.
    On appeal, the mother states she “has gone above and beyond what has
    been asked of her in this case. She has literally done everything that has been
    ordered and asked, yet the [DHS] is still keeping her child away from her. This is
    not reasonable efforts.” However, the record evidences the mother was provided
    reasonable services for reunification.
    Iowa law requires the DHS to “make every reasonable effort to return the
    child to the child’s home as quickly as possible consistent with the best interests
    of the child.” Iowa Code § 232.102(7); see also In re C.B., 
    611 N.W.2d 489
    , 493
    (Iowa 2000). “Generally, in making reasonable efforts to provide services, the
    State’s focus is on services to improve parenting.” In re C.H., 
    652 N.W.2d 144
    ,
    147 (Iowa 2002). “However, in making reasonable efforts to provide services, the
    State need not search for unavailable services.” 
    Id. Providing services
    can be
    particularly difficult if the parent fails to recognize his or her limitations or
    deficiencies. See 
    id. 6 Here,
    the mother was zealously represented in the CINA and termination-
    of-parental-rights proceedings, and numerous services were offered to her by the
    DHS. Additionally, as early as June 2017, the mother was advised she needed to
    “obtain safe and suitable housing free of any type of fighting, verbal and physical,
    to demonstrate stability within her household.” There is no evidence the mother
    requested any additional services during the case to help her fulfill this particular
    requirement. Moreover, it is unclear what more the DHS could have done under
    the facts of the case. The mother testified at the termination-of-parental-rights
    hearing that she recognized the constant fighting was a problem that affected her
    son, and she testified she was trying to change it, but she placed blame on others
    for her own behavior. It was recommended she participate in therapy and follow
    the suggestions of the psychologist, including taking medication. Even assuming
    her failure to fully engage in therapy was the fault of her providers, she testified at
    the hearing she was no longer taking the recommended medication because she
    did not think she needed it. She testified she believed the DHS’s involvement with
    her and her child was the unfair result of its involvement with her sister’s family.
    The mother testified the place she was living was safe and secure, then she
    admitted she lived with her sister—with whom she constantly fought—and her
    sister’s husband—a man the mother reported had grabbed her bottom and
    exposed himself. She admitted she continued to have a relationship with the
    father, the man who she said threatened to kill her child, on-and-off throughout the
    case. It is clear the DHS provided the mother reasonable services for reunification,
    but her testimony reveals she either has no real understanding of the dangers her
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    child would face in the chaotic and sometimes violent environment surrounding the
    mother’s life, or she simply does not care.
    B. Grounds for Termination.
    The juvenile court found the State proved the grounds for termination set
    forth in Iowa Code section 232.116(1) paragraphs (e) and (h). When the juvenile
    court finds more than one ground for termination under section 232.116(1), “we
    may affirm . . . on any ground we find supported by the record.” In re A.B., 
    815 N.W.2d 764
    , 774 (Iowa 2012). We focus our analysis on paragraph (h).
    Among other things, paragraph (h) requires the State prove the child could
    not be returned to the parent’s care “at the present time.”       See Iowa Code
    § 232.116(1)(h)(1)-(4); see also 
    A.S., 906 N.W.2d at 473
    (discussing paragraph
    (h)). “At the present time” means at the time of the termination-of-parental-rights
    hearing. See In re A.M., 
    843 N.W.2d 100
    , 111 (Iowa 2014). Upon our de novo
    review of the record, we find clear and convincing evidence the child could not be
    returned to the mother’s care at the time of the termination-of-parental-rights
    hearing.
    As previously discussed, the mother was told she needed to “obtain safe
    and suitable housing free of any type of fighting, verbal and physical, to
    demonstrate stability within her household,” and she failed to do so. The record
    shows that the child could not be safely returned to her care at the time of the
    termination-of-parental-rights hearing for that reason. Consequently, we find clear
    and convincing evidence that grounds for termination of the mother’s parental
    rights were established under section 232.116(1)(h).
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    C. Best Interests and Section 232.116(3) Considerations.
    The mother argues termination of her parental rights was not in the child’s
    best interests, arguing that she and the child share a strong bond and termination
    of her parental rights would be devastating to the child. The facts of this case do
    not support her arguments.
    The child had been removed from the mother’s care for more than a year at
    the time of the termination-of-parental-rights hearing. Yet, there was no evidence
    the mother ever truly improved her living situation. After the statutory time period
    for termination has passed, termination is viewed with a sense of urgency. See
    
    C.B., 611 N.W.2d at 495
    . Children are not equipped with pause buttons, and a
    child cannot be deprived “of permanency after the State has proved a ground for
    termination under section 232.116(1) by hoping someday a parent will learn to be
    a parent and be able to provide a stable home for the child.” 
    A.S., 906 N.W.2d at 474
    (cleaned up).
    We believe the mother loves her child and shares a bond with the child.
    Nevertheless, she was given a year to demonstrate she could safely care for the
    child without supervision. She testified she understood the safety concerns and
    the affect her chaotic living style had on the child. But even after participating in
    the services provided, serious concerns remained about her living situation and
    her ability to put her child’s needs first. We are unable to conclude that her
    parenting ability will improve in the foreseeable future to enable her to raise the
    child without ongoing help from others. Considering the child’s safety, the best
    placement for furthering the long-term nurturing and growth of the child, and the
    physical, mental, and emotional condition and needs of the child, we agree with
    9
    the juvenile court that termination of the mother’s parental rights is in the child’s
    best interests and find no reason to disturb the court’s finding that none of the
    exceptions to termination found in section 232.116(3) apply here.
    IV. Conclusion.
    We find clear and convincing evidence that grounds for termination of the
    mother’s parental rights were established under section 232.116(1)(h) and
    termination of the mother’s parental rights is in the child’s best interests. We find
    no reason to disturb the juvenile court’s finding that none of the exceptions to
    termination found in section 232.116(3) apply here, and we agree the DHS
    provided reasonable services for reunification. We therefore affirm the juvenile
    court’s order terminating the mother’s parental rights.
    AFFIRMED.
    

Document Info

Docket Number: 18-1617

Filed Date: 2/20/2019

Precedential Status: Precedential

Modified Date: 4/17/2021